Manitoba

Global Compliance Guide

Labor Requirements

The Labour Law in Manitoba is regulated mainly by The Employment Standards Code. The Code governs the terms and conditions of employment such as working hours, holidays, rest periods, wages, overtime, leave and termination of employment, etc. The other acts that govern labor relationships are The Construction Industry Wages Act, The Retail Businesses Holiday Closing Act.

Hours & Pay Regulations

Normal Working Hours

The standard working hours of an employee are 8 hours per day and 40 hours per week. The working hours can be averaged via a collective agreement, in which case, the employee’s standard hours of work per day shall not exceed 12 hours and 60 hours per week.

 

An employee who works for at least 35 hours per week may request the employer to exempt him/her from the standard hours of work. Employers and employees may also enter into an agreement which provides for alternative hours of work which shall not exceed 40 hours per week and 10 hours per day. The Employment Standards Code § 9 – 15.

 

Call-in

An employee who reports for work at the employer’s request, for a scheduled work of 3 hours or more and is not required to work or is required to work for less than 3 hours is entitled to be paid at the wage payable for the hours worked or the regular wage rate for 3 hours of work, whichever is more.

 

Reporting for less than 3 hours

An employee who reports for a scheduled period of fewer than 3 hours is entitled to be paid, the wage payable for the hours worked, or the regular wage rate for the scheduled hours of work, whichever is more.

 

Employee working longer than Schedules Period

If an employee works at least 3 hours when reporting for a scheduled period of fewer than 3 hours, the scheduled period is paid for 3 hours or more. The Employment Standards Code § 51.

 

Recording Requirements

An employer shall keep and maintain at the principal place of the business description of employees, the hours of work, wages paid, copies of work schedules, etc for not less than 3 years from the time the record was made. The Employment Standards Code § 135. 

Overtime

An employee who works for more than 40 hours per week is entitled to pay for overtime at an hourly rate which shall not be less than 150% of the employee’s regular wage rate. Overtime does not include the time that is provided to the employee as a break if the employee is not required to stay on the business premises or be on duty during the break.

 

General holidays, vacation leave, and paid sick time are all deemed to be hours of work for the purpose of calculating overtime.

 

Banking of Overtime

An employer can provide to an employee as time off with pay in lieu of wages for overtime. The amount of banked time credited by the employer must not be less than 150% of the overtime for which the employee is to receive time off with pay in lieu of wages for overtime.

 

The time off in respect of banked time must be provided during the employee’s regular hours of work within 3 months after the end pay period during which overtime work was performed or any longer period prescribed by the regulations.

 

The employer shall pay for each hour or part of an hour of time off in respect of banked time, the regular wage rate that applies to the employee’s regular working hours during the pay period in which the time off occurs. The Employment Standards Code § 17 – 19. 

Breaks

Employees are entitled to an unpaid 30 minutes break after every 5 consecutive hours of work. The Employment Standards Code § 50. 

Work On Rest Days

An employee is entitled to one rest period of not less than 24 consecutive hours each week.

 

Employees who perform work on a rest day are allowed to take another day off without pay in lieu of work performed on the rest day. Employers are not required to pay wages for a weekly day of rest. The Employment Standards Code § 45 – 49. 

Public Holidays

The following days are general holidays in Manitoba:

    • New Year’s Day;
    • Louis Riel Day (the third Monday in February);
    • Good Friday;
    • Victoria Day;
    • July 1;
    • Labour Day;
    • Thanksgiving Day;
    • Christmas Day;
    • Any other day designated by regulation as a general holiday. 

Easter Sunday, Terry Fox Day, and Boxing Day are not General Holidays. Employees who do not work on these days do not have to be paid. Employers have the discretion to treat these days as General Holidays.

 

Eligibility for Holiday Pay

An employee is eligible for holiday pay unless the employee is absent on his or her first scheduled workday before or after the holiday without employer’s consent or the holiday falls on a workday on which the employee is required or scheduled to work and is absent without the employer’s consent.

 

Day off in Addition to Annual Vacation

When an employee is given a day off in relation to a general holiday it should be separate from the employee’s entitled annual vacation. This also applies in cases where a general holiday falls during an annual vacation.

 

Holiday Pay Calculation

An eligible employee’s holiday pay shall not be less than the employee’s wage for regular hours of work on a normal workday.

 

An eligible employee whose wages vary from day to day or pay period to pay period is entitled to holiday pay equal to 5% of the employee’s total wages, excluding overtime wages for regular hours of work on a normal workday.

 

Holiday Payment

An employee who works on a general holiday is entitled to be paid for the hours worked, at the overtime wage rate (1.5 times) and holiday pay for that day. If the employee works in a continuously operating business the employer may, instead of complying with the general holiday pay:

      • An employee who works on a general holiday is entitled to be paid for the hours worked, at the overtime wage rate(i.e. 1.5 times of the regular wage rate) and holiday pay for that day, and
      • If the employee works in a continuously operating business, the employer shall pay the employee for the hours worked on the general holiday, and provide the employee a day off with holiday pay on another working day of the employee, within 30 days after the general holiday or with agreement of the employee any longer period but before the employee’s next annual vacation.

Holiday pay for a Day off

An eligible employee is entitled to holiday pay which is equal to an employee’s regular rate of wage for a day off in relation to a general holiday.

 

Day off for General Holiday not Falling on a Workday

If the general holiday falls on a day that would not normally be a workday for the employee, the employer must give the employee a day off, with holiday pay, on a day that would normally be a workday for the employee,

        • before the employee’s next annual vacation, or
        • at any later time agreed to by the employee; and

Public Holiday on Non-Working Day

If the general holiday falls on a day that would not normally be a workday for the employee, the employer must give the employee a day off, with holiday pay, on a day that would normally be a workday for the employee, before the employee’s next annual vacation, or at any later time agreed to by the employee.

 

If the general holiday falls on a Saturday or Sunday, the employer must give the employee a day off, with holiday pay, on the employee’s first workday after the holiday.

 

If an eligible employee’s employment is terminated before the day of the employer must pay the holiday pay, along with any other wages payable on termination.

 

Cessation of Employment before the Day off

If an eligible employee’s employment is terminated before the day of the employer must pay the holiday pay, along with any other wages payable on termination.

 

Former Employee’s Entitlement 

If an employee’s employment is terminated by the employer, less than 4 weeks before a general holiday, then the employee is entitled to holiday pay for that holiday equal to 5% of his/her wages, excluding overtime wages, for the 4-week period immediately preceding the holiday.

 

Substitution of other days for Public Holiday

An employer may substitute another day off for a general holiday in accordance with a collective agreement, with the written agreement of a majority of the employees and such substituted day should be within 12 months of the general holiday. The Employment Standards Code § 21 – 30.

Annual Leave

Eligibility

An employee is entitled to an annual vacation of at least 2 weeks after each of the first 4 years of employment, and 3 weeks after 5 consecutive years of employment and each year of employment after that. The annual vacation does not include a general holiday that falls on a day during the employee’s vacation and that the employee is entitled to.

 

Annual Vacation Timing

An employer shall give an employee an annual vacation not later than 10 months after the employee becomes entitled to it. An employer shall not require an employee who is entitled to an annual vacation to take less than a week at a time.

 

Annual Vacation Pay

An employer shall pay to an employee who is entitled to an annual vacation, for each week of the vacation, a vacation allowance consisting of:

      • 2% of the wages that the employee earned in the year of employment in respect of which the employee is entitled to the annual vacation,

The employer shall pay the vacation allowance to the employee not later than the last working day before the employee’s annual vacation begins. The payment of a bonus or other pecuniary benefit by an employer to an employee does not affect the employee’s entitlement to an annual vacation or vacation allowance.

 

Effect of Termination

When the employment terminates, no part of the employee’s annual vacation is used to calculate the required notice period and the payment of a vacation allowance to the employee also does not affect any other amount payable to the employee. The Employment Standards Code § 34 – 44. 

Minimum Wage

The current minimum wage in Manitoba is $11.65 per hour. Effective as of October 1, 2020, the minimum wage rate shall increase to $11.90 per hour.

 

 

 

 

 

The minimum wage may not be up to date & is subject to change. Please click on the link to get the latest wage rates.

Special Leave

Maternity Leave

A pregnant employee who has been in continuous employment with the same employer for at least 7 consecutive months is eligible for unpaid maternity leave for a duration of 17 weeks. An employee who is eligible for maternity leave is entitled to the following maternity leave:

      • If the date of delivery is on or before the date estimated in a medical certificate, a period of not more than 17 weeks; or
      • If the date of delivery is after the estimated date, 17 weeks, and a period of time equal to the time between the estimated date and the date of delivery.

Maternity leave must begin no earlier than 17 weeks before the date of delivery estimated in the medical certificate and end not later than 17 weeks after the date of delivery.

 

An employee may end her maternity leave earlier than the day by giving her employer written notice at least two weeks or one pay period, whichever is longer, before the day she wishes to end the leave. The Employment Standards Code § 52 – 57.1.

Parental Leave

An employee who has been in continuous employment with the same employer for at least 7 consecutive months and adopts or becomes a parent of a child is entitled to unpaid parental leave for a maximum duration of 63 weeks.

 

The leave must begin within 18 months after the date on which the child is born or adopted or come into the care and custody of the employee. An employee who takes maternity leave and parental leave shall take them in one continuous period unless an agreement exists between the employer and the employee. The Employment Standards Code § 58 – 59.1

Compassionate Care Leave

An employee who has been in continuous employment with the same employer for at least 90 days is entitled to unpaid leave for a duration of up to 28 weeks to provide care or support to a seriously ill family member with a significant risk of death within 26 weeks from date of issuance of a medical certificate.

 

An employee cannot take more than 2 periods of leave totaling not more than 28 weeks and shall only be taken 1 week’s duration.

 

The leave shall end no later than 52 weeks after the first day when the leave began. The Employment Standards Code § 59.2.

Family Leave

An employee who has been employed for at least 30 days is entitled to up to 3 days of unpaid leave each year to deal with personal illness or the needs of their family. The Employment Standards Code § 59.3. 

Bereavement Leave

An employee who has been employed for at least 30 days is entitled up to 3 days of unpaid leave on the death of a family member. The Employment Standards Code § 59.4. 

Reservist Leave

An employee who is a member of the Reserves and has been in continuous employment with the same employer for at least 7 consecutive months, and is required for the purpose of service in forces is entitled to unpaid leave for a duration as may be required to accommodate the period of service. The Employment Standards Code § 59.5. 

Organ Donation Leave

An employee who has been in continuous employment with the same employer for at least 30 days is entitled to unpaid leave for a duration of 13 weeks for the purpose of donating an organ. The leave can be extended but the total extension should not exceed 13 weeks. The Employment Standards Code § 59.6.

Leave for Citizenship Ceremony

An employee who has been employed for at least 30 days is entitled to up to 4 hours of unpaid leave to attend a citizenship ceremony to receive a certificate of citizenship. The Employment Standards Code § 59.7. 

Leave Related to Critical Illness

An employee who has been in continuous employment with the same employer for at least 90 days is entitled to unpaid leave for a duration of 17 weeks to provide care or support to critically ill adult family members. An employee who has been in continuous employment with the same employer for at least 30 days is entitled to unpaid leave for a duration of 37 weeks to provide care or support to a critically ill child who is a family member of the employee.

 

The leave can be taken in one or more periods, but no period shall be less than one week’s duration and shall end no later than 52 weeks after the first day when the leave began. The Employment Standards Code § 59.8.

Leave Related to Death or Disappearance of Child

An employee who has been in continuous employment with the same employer for at least 30 days is entitled to unpaid leave for a duration of up to 52 weeks if the employee is the parent of a child who has disappeared as a result of a crime.

 

An employee who has been in continuous employment with the same employer for at least 30 days is entitled to unpaid leave for a duration of 104 weeks if the employee is the parent of a child who has died as a result of a crime. The Employment Standards Code § 59.9. 

Long Term Leave for Serious Illness or Injury

An employee who has been in continuous employment with the same employer for at least 90 days and who is seriously injured or ill is entitled to an unpaid leave of 17 weeks in any 52-week period. The leave shall be taken in one continuous period unless an agreement exists between the employer and the employee. The Employment Standards Code § 59.10.

Interpersonal Violence Leave

An employee who has been in the continuous employment with the same employer for at least 90 days and who or a dependant is a victim of interpersonal violence is entitled to leave of up to 10 days, which the employee may choose to take intermittently or in one continuous period and a leave of up to 17 weeks which the employee shall take in one continuous period.

 

Up to 5 days of leave in a 52-week period is paid leave and the employee shall notify the employer which days, if any, are to be paid leave.

 

The employee is eligible for 1 paid day to leave an amount equal to employee’s regular hours of work on the day of leave, or 5% of employee’s total wages excluding overtime for the 4-week period immediately before the day of leave.

 

An employer who provides paid sick leave benefits or other paid leave benefits that are greater than the minimum required by the Labour Code may require an employee to use those benefits for paid days of leave. The Employment Standards Code § 59.11. 

Last updated on: July 3rd, 2020